WAITE v. ANDREASSI

No. 91-055.

813 P.2d 987 (1991)

Gardner C. WAITE, Plaintiff and Respondent, v. David ANDREASSI and Jefferson Z. Amacker, Defendants and Appellants.

Supreme Court of Montana.

Decided July 2, 1991.


Attorney(s) appearing for the Case

Stephen M. Barrett, Kirwan & Barrett, Bozeman, for defendant and appellant Jefferson Z. Amacker.

H.A. Bolinger, Bolinger & Quist, Bozeman, for plaintiff and respondent.


TRIEWEILER, Justice.

Jefferson Amacker appeals from the order of the District Court of the Eighteenth Judicial District in Gallatin County, granting summary judgment to the plaintiff. We affirm the District Court.

The sole issue is whether the District Court erred when it concluded, as a matter of law, that the parties' subordination agreement did not constitute a novation which extinguished the original agreement between the parties.

In October 1984...

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